The municipal demarcation board is a milestone for local democracy, writes Minister of Provincial Affairs and Constitutional Development Valli Moosa
The president appointed the municipal demarcation board, chaired by Michael Sutcliffe, on February 1. It is charged with probably the most critical task in the transformation of local government.
An independent selection panel, chaired by the deputy president of the Constitutional Court, submitted 14 names to President Nelson Mandela. Eleven of them have been appointed to the board.
The board is broadly representative of South African society, reflecting regional diversity and representing a pool of knowledge concerning issues relevant to municipal demarcation in each province.
Previous provincial demarcation boards dealt with the deracialisation of municipal boundaries, and the election task group dealt with the first stage in the democratisation of local government by organising the 1995/1996 local elections.
The time has now arrived for the real transformation of municipalities, through the implementation of the White Paper on Local Government, the Municipal Demarcation Act of 1998, the Municipal Structures Act of 1998 and legislation administered by the Independent Electoral Commission (IEC).
Other legislation, such as the Municipal Systems Bill and the Municipal Property Rating Bill, will hopefully come before Parliament late this year or early next year.
The re-demarcation of municipal boundaries is the first step in creating areas in which viable and sustainable municipalities can be ensured.
Before the next local government election, metropolitan and district council boundaries will have to be demarcated. The board must then determine all municipal boundaries within the districts before delimiting wards. The IEC will run the municipal elections.
Because the next local elections will probably be held between October 2000 and January 2001, and sufficient time must be allowed for the electoral process, the demarcation process should be finalised by May 2000.
This is a formidable task, further complicated by provisions for the demarcation of cross-border municipalities and the delimitation of wards.
There will be time after the next local government elections for the board to reconsider any boundary determinations and make further adjustments. But it is imperative to try to effect the substantive determinations, which will lead to the amalgamation and rationalisation of municipalities before the next elections.
The board will have to pay special attention to two of the many factors to be taken into consideration in the redetermination of boundaries: viability and the rationalisation of the total number of municipalities.
Currently there are many municipalities which are not financially viable and credit-worthy, and which lack the capacity to provide services in an equitable and sustainable manner. It would be unwise to allow this situation to continue, and the re-demarcation of boundaries can make a substantial difference.
Allowance is made for a number of points of public participation. In addition, there are certain key provisions in the Municipal Demarcation Act which are directly linked to the conduct and performance of board members.
Most importantly, the board is a juristic person that must uphold its constitutional independence by performing its functions impartially, in good faith and without fear, favour and prejudice. With the exception of the chair, who is a full-time member of the board, all other members will serve on a part-time basis.
It is clear the geography of South Africa will be significantly transformed as we move from deracialisation to democratisation. The demarcation board will play a significant role in this regard and its impact is likely to be felt well beyond the sphere of local government.
The base it lays over the next 15 months is likely also to create the framework within which provincial and national governments regionalise their activities.